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The American Founding

State Constitutions

Constitution of North Carolina

December 18, 1776

I. That all political power is vested in and derived from the people only.

II. That the people of this State ought to have the sole and exclusive right of regulating
the internal government and police thereof.

III. That no man or set of men are entitled to exclusive or separate emoluments or
privileges from the community, but in consideration of public services.

IV. That the legislative, executive, and supreme judicial powers of government, ought
to be forever separate and distinct from each other.

V. That all powers of suspending laws, or the execution of laws, by any authority,
without consent of the Representatives of the people, is injurious to their rights,
and ought not to be exercised.

VI. That elections of members, to serve as Representatives in General Assembly, ought
to be free.

VII. That, in all criminal prosecutions, every man has a right to be informed of the
accusation against him, and to confront the accusers and witnesses with other testimony,
and shall not be compelled to give evidence against himself.

VIII. That no freeman shall be put to answer any criminal charge, but by indictment,
presentment, or impeachment.

IX. That no freeman shall be convicted of any crime, but by the unanimous verdict
of a jury of good and lawful men, in open court, as heretofore used.

XI. That general warrants -- whereby an officer or messenger may he commanded to search
suspected places, without evidence of the fact conmlittecl, or to seize any person
or persons, not named, whose offences are not particularly described, and supported
by evidence -- are dangerous to liberty, and ought not to be granted.

XII. That no freeman ought to be taken, imprisoned, or disseized of his freehold liberties
or privileges, or outlawed, or exiled, or in any nlanller destroyed, or deprived of
his life, liberty, or property, but by the law of the land.

XIII. That every freeman, restrained of his liberty, is entitled to a remedy, to inquire
into the lawfulness thereof, and to remove the same, if unlawful; and that such remedy
ought not to be denied or delayed.

XIV. That in all controversies at law, respecting property, the ancient mode of trial,
by jury, is one of the best securities of the rights of the people, and ought to remain
sacred and inviolable.

XV. That the freedom of the press is one of the great bulwarks of liberty, and therefore
ought never to he restrained.

XVI. That the people of this State ought not to be taxed, or made subject to the payment
of any impost or duty, without the consent of themselves, or their Representatives
in General Assembly, freely given.

XVII. That the people have a right to bear arms, for the defence of the State; and,
as standing armies, in time of peace, are dangerous to liberty, they ought not to
be kept up; and that the military should be kept under strict subordination to, and
governed by, the civil power.

XVIII. That the people have a right to assemble together, to consult for their common
good, to instruct their Representatives, and to apply to the Legislature, for redress
of grievances.

XIX. That all men have a natural and unalienable right to worship Almighty God according
to the dictates of their own consciences.

XX. That, for redress of grievances, and for amending and strengthening the laws,
elections ought to be often held.

XXI. That a frequent recurrence to fundamental principles is absolutely necessary,
to preserve the blessings of liberty.

XXII. That no hereditary emoluments, privileges or honors ought to be granted or conferred
in this State.

XXIII. That perpetuities and monopolies are contrary to the genius of a free State,
and ought not to be allowed.

XXIV. That retrospective laws, punishing facts committed before the existence of such
laws, and by them only declared criminal, are oppressive, unjust, and incompatible
with liberty; wherefore no ex post facto law ought to be made.

XXV. The property of the soil, in a free government, being one of the essential rights
of the collective body of the people, it is necessary, in order to avoid future disputes,
that the limits of the State should be ascertained with precision; and as the former
temporary line between North and South Carolina, was confirmed, and extended by Commissioners,
appointed by the Legislatures of the two States, agreeable to the order of the late
King George the Second, in Council, that line, and that only, should be esteemed the
southern boundary of this State as follows: that is to say, beginning on the sea side,
at a cedar stake, at or near the mouth of Little River (being the southern extremity
of Brunswick county) and running from thence a northwest course, through the boundary
house, which stands in thirty-three degrees fifty-six minutes, to thirty-five degrees
north latitude; and from thence a west course so far as is mentioned in the Charter
of King Charles the Second, to the late Proprietors of Carolina. Therefore all the
territories, seas, waters, and harbours, with their appurtenances, lying between the
line above described, and the southern line of the State of Virginia, which begins
on the sea shore, in thirty-six degrees thirty minutes, north latitude, and from thence
runs west, agreeable to the said Charter of King Charles, are the right and property
of the people of this State, to be held by them in sovereignty; any partial line,
without the consent of the Legislature of this State, at any time thereafter directed,
or laid out, in anywise notwithstanding: -- Provided always, That this Declaration
of Rights shall not prejudice any nation or nations of Indians, from enjoying such
hunting-grounds as may have been, or hereafter shall be, secured to them by any former
or future Legislature of this State: -- And provided also, That it shall not be construed
so as to prevent the establishment of one or more governments westward of this State,
by consent of the Legislature: -- And provided further, That nothing herein contained
shall affect the titles or repossessions of individuals holding or claiming under
the laws heretofore in force, or grants heretofore made by the late King George the
Second, or his predecessors, or the late lords proprietors, or any of them.

THE CONSTITUTION, OR FORM OF GOVERNMENT, &c

WHEREAS allegiance and protection are, in their nature, reciprocal, and the one should
of right be refused when the other is withdrawn:

And whereas George the Third, King of Great Britain, and late Sovereign of the British
American Colonies, hath not only withdrawn from them his protection, but, by an act
of the British Legislature, declared the inhabitants of these States out of the protection
of the British crown, and all their property, found upon the high seas, liable to
be seized and confiscated to the uses mentioned in the said act; and the said George
the Third has also sent fleets and armies to prosecute a cruel war against them, for
the purposed reducing the inhabitants of the said Colonies to a state of abject slavery;
in consequence whereof, all government under the said King, within the said Colonies,
hath ceased, and a total dissolution of government in many of them hath taken place.

And whereas the Continental Congress, having considered the premises, and other previous
violation of the rights of the good people of America, have therefore declared, that
the Thirteen United Colonies are, of right, wholly absolved from all allegiance to
the British crown or any other foreign jurisdiction whatsoever: and that the said
Colonies now are, and forever shall be, free and independent States.

Wherefore, in our present state, in order to prevent anarchy and confusion, it becomes
necessary that government should be established in this State; therefore we, the Representatives
of the freemen of North-Carolina, chosen and assembled in Congress, for the express
purpose of framing a Constitution, under the authority of the people, most conducive
to their happiness and prosperity, do declare, that a government for this State shall
be established, in manner and form following, to wit:

I.(3) That the legislative authority shall be vested in two distinct branches both dependent
on the people, to wit, a Senate and House of Commons.

II.(3) That the Senate shall be composed of Representatives annually chosen by ballot, one
for each county in the State.

III.(3) That the House of Commons shall be composed of Representatives annually chosen by
ballot, two for each counts and one for each of the towns of Edentown, Newbern, Wilmington,
Salisbury, Hillsborough and Halifax.

IV. That the Senate and House of Commons, assembled for the purpose of legislation,
shall be denominated, The General Assembly.

V.(3) That each member of the Senate shall have usually resided in the county in which
he is chosen for one year immediately preceding his election, and for the same time
shall have possessed, and continue to possess in the county which he represents, not
less than three hundred acres of land in fee.

VI. That each member of the House of Commons shall have usually resided in the county
in which he is chosen for one year immediatelv preceding his election, and for six
months shall have possessed, and continue to possess, in the county which he represents,
not less than one hundred acres of land in fee, or for the term of his own life.

VII.(3) That all freemen, of the age of twenty-one years, who have been inhabitants of any
one county within the State twelve months immediately preceding the day of any election
and possessed of a freehold within the same county of fifty acres of land for six
months next before, and at the day of election, shall be entitled to vote for a member
of the Senate.

VIII.(3) That all freemen of the age of twenty-one Years, who have been inhabitants of any
one county within this State twelve months immediately preceding the day of any election,
and shall have paid public taxes shall be entitled to vote for members of the House
of Commons for the county in which he resides.

IX.(3) That all persons possessed of a freehold in any town in this State, having a right
of representation and also all freemen who have been inhabitants of any such town
twelve mouths next before and at the day of election, and shall have paid public taxes,
shall be entitled to vote for a member to represent such town in the House of Commons:
-- Provided always, That this section shall not entitle any inhabitant of such town
to vote for members of the House of Commons, for the county in which he may reside,
nor any freeholder in such county, who resides without or beyond the limits of such
town, to vote for a member for said town.

X. That the Senate and House of Commons, when met, shall each have power to choose
a speaker and other their officers; be judges of the qualifications and elections
of their members; sit upon their own adjournments from day to day, and prepare bills,
to be passed into laws. The two Houses shall direct writs of election for supplying
intermediate vacancies; and shall also jointly, by ballot, adjourn themselves to any
future day and place.

XI. That all bills shall be read three times in each House, before they pass into
laws, and be signed by the Speakers of both Houses.

XII. That every person, who shall be chosen a member of the Senate or House of Commons,
or appointed to any office or place of trust, before taking his seat, or entering
upon the execution of his office, shall take an oath to the State; and all officers
shall also take an oath of office.

XIII.(4) That the General Assembly shall, by joint ballot of both houses, appoint Judges of
the Supreme Courts of Law and Equity, Judges of Admiralty, and Attorney-General, who
shall be commissioned by the Governor, and hold their offices during good behavior.

XIV. That the Senate and House of Commons shall have power to appoint the generals
and field-officers of the militia, and all officers of the regular army of this State.

XV.(4) That the Senate and House of Commons, jointly at their first meeting after each annual
election, shall by ballot elect a Governor for one year, who shall not be eligible
to that office longer than three years, in six successive years. That no person, under
thirty years of age, and who has not been a resident in this State above five years,
and having, in the State, a freehold in lands and tenements above the value of one
thousand pounds, shall be eligible as a Governor.

XIV. That the Senate and House of Commons, jointly, at their first meeting after each
annual election, shall by ballot elect seven persons to be a Council of State for
one year, who shall advise the Governor in the execution of his office; 2 nd that
four members shall be a quorum; their advice and proceedings shall be Altered in a
journal, to be kept for that purpose only and signed,by the members present; to any
part of which, any member present Nay enter his dissent. And such journal shall he
laid before the General Assembly when called for by them.

XVII. That there shall be a seal of this State, which shall be kept by the Governor,
and used by him, as occasion may require; and shall be called, The Great Seal of the State of North Carolina, and be affixed to all grants and commissions.

XVIII. The Governor. for the time being, shall be captain-general and commander in
chief of the militia; and, in the recess of the General Assembly, shall have power,
by and with the advice of the Council of State, to embody the militia for the public
safety.

XIX.(4) That the Governor, for the tine beings shall have power to draw for and apply such
sums of money as shall be voted by the general assembly, for the contingencies of
government, and be accountable to them for the same. He also may, by and with the
advice of the Council of State, lay embargoes, or prohibit the exportation of any
commodity, for any term not exceeding thirty days, at any one time in the recess of
the General Assmably; and shall have the power of granting pardons and reprieves,
except where the prosecution shall be carried on by the General Assembly, or the law
shall otherwise direct; in which case he may in the recess grant a reprieve until
the next sitting of the General Assembly; and may exercise all the other executive
powers of government, limited and restrained as by this Constitution is mentioned,
and according to the laws of the State. And on his death, inability, or absence from
the State, the Speaker of the Senate for the time being -- (and in case of his death,
inability, or absence from the State, the Speaker of the House of Commons) shall exercise
the powers of government after such death, or during such absence or inability of
the Governor (or Speaker of the Senate,) or until a new nomination is made by the
General Assembly.

XX. That in every case where any officer, the right of whose appointment is by this
Constitution vested in the General Assembly, shall, during their recess, die, or his
office by other means become vacant, the Governor shall have power, with the advice
of the Council of State, to fill up such vacancy, by granting a temporary commission,
which shall expire at the end of the next session of the General Assembly

XXI. That the Governor, Judges of the Supreme Court of Law and Equity, Judges of Admiralty,
and Attorney-General, shall have adequate salaries during their continuance in office.

XXII. That the General Assembly shall, by joint ballot of both Houses, annually appoint
a Treasurer or Treasurers for this State.

XXIII. That the Governor, and other officers, offending against the State, by violating
any part of this Constitution, mal-administration, or corruption, may be prosecuted,
on the impeachment of the General Assembly, or presentment of the Grand Jury of any
court of supreme jurisdiction in this State.

XXIV. That the General Assembly shall, by joint ballot of both Houses, triennially
appoint a Secretary for this State.

XXV. That no persons, who heretofore have been, or hereafter may be, receivers of
public the monies, shall have a seat in either House of General Assembly, or be eligible
to any office in this State, until such person shall have fully accounted for and
paid into the treasury all sums for which they may he accountable and liable.

XXVI. That no Treasurer shall have a seat, either in the Senate, House of Commons,
or Council of State, during his continuance in that office, or before he shall have
finally settled his accounts with the public, for all the monies which may be in his
hands at the expiration of his office belonging to the State, and hath paid the same
into the hands of the succeeding Treasurer.

XXVII. That no officer in the regular army or navy, in the service and pay of the
United States, of this or any other State, nor any contractor or agent for supplying
such army or navy with clothing or provisions, shall have a seat either in the Senate,
House of Commons, or Council of State, or be eligible thereto: and any member of the
Senate, House of Commons, or Council of State, being appointed to and accepting of
such office, shall thereby vacate his seat.

XXVIII. That no member of the Councilof State shall have a seat, either in the Senate,
or House of Commons.

XXIX. That no Judge of the Supreme Court of Law or Equity, or Judge of Admiralty,
shall have a seat in the Senate, House of Commons, or Council of State.

XXX. That no Secretary of this State, Attorney-General, or Clerk of any Court of Record,
shall have a seat in the Senate, House of Commons, or Council of State.

XXXI. That no clergyman, or preacher of the gospels of any denomination, shall be
capable of being a member of either the Senate, House of Commons, or Council of State,
while he continues in the exercise of the pastoral function.

XXXII.(5) That no person, who shall deny the being of God or the truth of the Protestant religion,
or the divine authority either of the Old or New Testaments, or who shall hold religious
principles incompatible with the freedom and safety of the State, shall be capable
of holding any office or place of trust or profit in the civil department within this
State.

XXXIII. That the Justices of the Peace, within their respective counties in this State,
shall in future be recommended to the Governor for the time being, by the Representatives
in General Assembly; and the Governor shall commission them accordingly: and the Justices,
when so commissioned, shall hold their offices during good behaviour, and shall not
be removed from office by the General Assembly, unless for misbehaviour, absence,
or inability.

XXXIV. That there shall be no establishment of any one religious church or denomination
in this State, in preference to any other; neither shall any person, on any presence
whatsoever, be compelled to attend any place of worship contrary to his own faith
or judgment, nor be obliged to pay, for the purchase of any glebe, or the building
of any house of worship, or for the maintenance of any minister or ministry, contrary
to what he believes right, of has voluntarily and personally engaged to perform; but
all persons shall be at liberty to exercise their own mode of worship: -- Provided, That nothing herein contained shall be construed to exempt preachers of treasonable
or seditious discourses, from legal trial and punishment.

XXXV. That no person in the State shall holtl mole than one lucrative office, at any
one time: -- Provided, That no appointment in the militia, or the office of a Justice of the Peace, shall
be considered as a lucrative office.

XXXVI. That all commissions aml grants shall run in the name of the State of North
Carolina, and bear test, and be signed by the Governor. All writs shall run in the
same manner and bear test, and be signed by the Clerks of the respective Courts. Indictments
shall conclude, Against the peace and dignity of the estate.

XXXVII.(5) That the Delegates for this State, to the Continental Congress while necessary, shall
be chosen annually by the General Assembly, by ballot; but may be superseded, in the
mean time, in the same manner; and no person shall be electoral, to serve in that
capacity, for more than three years successively.

XXXVIII. That there shall be a Sheriff, Coroner or Coroners, and Constables, in each
county within this State.

XXXIX. That the person of a debtor, where there is not a strong presumption of fraud,
shall not be continued in prison, after delivering up, bona fide, all his estate real and personal, for the use of his creditors in such manner as
shall be hereafter regulated by law. All prisoners shall be bailable by sufficient
sureties, unless for capital offences when the proof is evident or the presumption
great.

XL. That every foreigner, who comes to settle in this State having first taken an
oath of allegiance to the same, may purchase, or, by other means, acquire, hold, and
transfer land, or other real estate; and after one year's residence, shall be deemed
a free citizen.

XLI. That a school or schools shall be established by the Legislature, for the convenient
instruction of youth, with such salaries to the masters, paid by the public, as may
enable them to instruct at low prices; and all useful learning shall be duly encouraged,
and promoted, in one or more universities.

XLII. That no purchase of lands shall be made of the Indian natives, but on behalf
of the public, by authority of the General Assembly.

XLIII. That the future Legislature of this State shall regulate entails, in such a
manner as to prevent perpetuities.

XLIV. That the Declaration of Rights is hereby declared to be part of the Constitution
of this State, and ought never to be violated, on any presence whatsoever.

XLV. That any member of either House of General Assembly shall have liberty to dissent
from, and protest against any act or resolve, which he may think injurious to the
public, or any individual, and have the reasons of his dissent entered on the journals.

XLVI. That neither House of the General Assembly shall proceed upon public business,
unless a majority of all the members of such House are actually present: and that,
upon a motion made and seconded, the yeas and nays, upon any question, shall be taken
and entered on the journals; and that the journals of the proceedings of both Houses
of the General Assembly shall be printed, and made public, immediately after their
adjournment.

This Constitution is not intended to preclude the present Congress from making a temporary
provision, for the well ordering of this State, until the General Assembly shall establish
government, agreeable to the mode herein before described.

RICHARD CASWELL, President.

December the eighteenth, one thousand seven hundred and seventy-six, read the third
time, and ratified in open Congress.

By order,

JAMES GREEN, jun. secretary.

1 Verified from "The Proceedings and Debates of the Convention of North Carolina,
called to amend the Constitution of the State, which assembled at Raleigh, June 4,
1835. To which are subjoined the Convention act and the Amendments to the Constitution
together with the votes of the People. Raleigh: Printed by Joseph Gales and Son, 1836."
Appendix, pp. 409 424.

2 This constitution was framed by a " Congress," "elected and chosen for that particular
purpose," which assembled at Halifax November 12, 1776, and completed its labors December
18, 1776. It was not submitted to the people for ratification.